Extraordinary Categories for Extraordinary Individuals: Is an EB-1A self-petition right for me?
Are you an accomplished professional working in the arts, sciences, business, education, or athletics seeking to work in the United States? Do you have an offer of work in the United States, but your employer is hesitant or unwilling to sponsor you? Depending on your academic and professional background, you may qualify to immigrate to the United States to work in your field of endeavor with an approved EB-1A petition.
What is an EB-1A?
An EB-1A, sometimes called an “Einstein visa,” is an immigrant category awarded to “aliens of extraordinary ability” in the arts, sciences, business, education, or athletics. This category also acts as a stepping stone to a Green Card, which allows for unrestricted work and unrestricted travel into the United States.
May Law Group has assisted countless individuals secure EB-1As for their work, including, among others, Chess Grand Masters, coaches, professional athletes, transplant surgeons, a veterinarian, a theoretical chemist, an ophthalmologist, and a commercial catalogue editor.
What are the advantages of an EB-1A?
EB-1As are a popular option for those who qualify, as they offer distinct advantages including:
The ability to self-petition (no job offer required)
Stability through a path to a Green Card
No labor certification or degree requirements
You only need to qualify once (no renewal applications required)
Unrestricted employment (not tied to a specific employer and offers the option for self-employment, as long as you are working in your field)
The ability to smoothly extend your stay in the United States by transitioning from other visa categories, such as H-1B or O-1
Provides the ability to extend an H-1B past the six year limit
Am I extraordinary?
With a nickname like “the Einstein visa,” you may be questioning whether you could really be considered extraordinary enough to qualify as an “alien of extraordinary ability.” Perhaps you’ve heard that, to qualify, you must have received something like a Nobel Prize or an Olympic medal.
Don’t panic – That’s only half the story.
Assessment of extraordinary ability is not limited to those with flashy titles or highly public careers, though May Law Group has assisted individuals that meet these descriptors, such as an actor, two NHL coaches, and an international best-selling author and public speaker.
While it is true that you can prove your extraordinary ability by providing evidence of a one-time achievement, this is not your only option. You do not need to be a Nobel Prize-winner or an Olympian to demonstrate that you are an alien of extraordinary ability.
Rather, EB-1As are awarded to highly accomplished and impactful individuals in a wide range of professions, from internal medicine to archery. May Law Group has successfully represented circus performers, cancer researchers, competitive eaters, and many other professionals with their EB-1A petitions.
To qualify for an EB-1A, you must demonstrate that you:
1) Are one of those small percentage [of workers] who have risen to the top of their field of endeavor, and
2) Have sustained national or international acclaim.
You can demonstrate sustained national or international acclaim by providing evidence of at least three of the 10 following achievements:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence
Membership in associations in the field which demand outstanding achievement of their members
Published material about you in professional or major trade publications or other major media
Requested service as a judge of the work of others, either individually or on a panel
Scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Authorship of scholarly articles in professional or major trade publications or other major media
Work displayed at artistic exhibitions or showcases
Performance of a leading or critical role in a distinguished organization
Command of a high salary or other significantly high remuneration in relation to others in the field
Commercial successes in the performing arts
Because no job offer is required, you must also show you intend to continue to work in your field of extraordinary ability and your work will substantially benefit the United States in the future.
What is the EB-1A application process like?
You can apply for an EB-1A as an individual. While you do not need an offer of work or an employer sponsor to apply for an EB-1A , to receive one, you do need to demonstrate:
That you are an alien of extraordinary ability,
That you intend to continue working in your field of extraordinary ability, and
That your work will substantially benefit the United States in the future.
Roughly, the process goes something like this:
1. Determine eligibility
To be approved for an EB-1A, you need to present a combination of sufficient evidence documenting your significant contributions to your field of expertise and an application with an effective narrative that tells the story of your work and extraordinary ability.
As an experienced immigration firm with a history of successful petitions, we can help you determine your eligibility for an EB-1A or a similar visa and how to prepare the strongest arguments to make your case. To determine your eligibility, get ready to discuss topics like the following with your immigration attorney:
Your current status inside the United States, or if you are outside the United States
The definition of your field, and where you fit into it
Your education and how you have used it to advance your career in your field
Your professional memberships and requirements for membership
Details of your CV relating to awards and accomplishments such as international prizes, published material, patents, participation as a judge of the work of others, authorship of scholarly articles, etc.
Your ability to obtain expert opinion letters attesting to your extraordinary ability and accomplishments
If you are currently working in the United States, how you will be able to continue to work in your field
2. Prepare application – On average, an EB-1A petition can take anywhere from two to four months to prepare, depending on available evidence and how quickly you can obtain support letters and the level of detail required to paint the picture of your extraordinary ability.
3. Submit application.
4. Waiting period – Processing times for EB-1A petitions currently sit at 22 months, but these petitions are also eligible for premium processing, which, when applied, prompts USCIS to review and issue an approval, denial, or request for evidence within 15 business days.
5. Approval of EB-1A petition – After the approval of the EB-1A, USCIS can begin processing a concurrently filed Green Card application, so long as the priority date remains current. If the Green Card application was not filed concurrently and/or the priority date is not current, you must wait until your priority date becomes current to either apply for an immigrant visa abroad or apply for adjustment of status inside the United States.
Frequently Asked Questions
What is a priority date?
A priority date determines when it is a person’s turn to apply for an immigrant visa. It is based on either when a person files a petition with USCIS OR the date the Department of Labor receives a labor certification application.
Can I bring my family to the United States with an EB-1A?
If your EB-1A petition is approved, your spouse and any unmarried children under the age of 21 may be eligible to apply for derivative visas to follow or join you.
Can I submit an EB-1A petition and Green Card application at the same time?
If the EB-1A priority date for your country is current, you can apply for a Green Card concurrently.
Likewise, if you are in the United States and your priority date is current, your spouse and any children under 21 may apply for their Green Cards at the same time. If your priority date is not current, you must maintain a valid status within the country for the entirety of the waiting period, or you must process the Green Card from abroad.
What’s the difference between an EB-1A and an O-1 visa?
EB-1A visas are similar to O-1 visas with a few key differences:
Different standards for approval: EB-1A petitions require a higher level of accomplishment and acclaim than O-1 visas.
Who can apply: In contrast to O-1s, which require a job offer in the United States to apply, you do not need a job offer or U.S. employer sponsor to apply for an EB-1A. Instead, you may apply on your own or with the assistance of a qualified immigration attorney who can help you present yourself in the best light.
Permanency: An EB-1A is an immigrant visa category, while O-1s are non-immigrant visas. Simply put, EB-1As offer a path to permanent residency (i.e. a Green Card), while O-1s do not. If you have an approved EB-1A, you can become eligible to file for a Green Card and receive permanent residency. O-1 visas, on the other hand, are valid for an initial period of up to three years, with the possibility to extend in one-year increments (pending approval).
Different benefits for derivatives: Derivatives of EB-1A applicants can also qualify for permanent residency and may apply for work authorization while doing so. Derivatives may also receive an education inside the United States. O-1 visa holder derivatives are not authorized to apply for permanent residency or work authorization in the United States.
Want to know more about O-1s and other non-immigrant employment-based visa options? Check out our blog post on O-1 versus H-1B visas here.
Will my EB-1A petition be approved if I already have an approved O-1 visa?
EB-1As and O-1s have similar evidentiary requirements, but they are not the same, so you cannot assume that if you have an approved O-1 you will receive approval for an EB-1A. An officer will look at a history of one or more prior O-1 approvals as a relevant factor and potential indicator of eligibility, but it is not a determinative factor on its own. Your EB-1A petition should reflect how you have continued to advance your field and have reached higher acclaim as an O-1 visa holder, not simply reiterate the criteria that qualified you for the O.
Can I work while my application is pending?
Typically, if you are in the United States in valid status with either an employment-based visa such as an O-1 or are in the United States with valid work authorization, you may continue to work while your visa is pending. When considering work with a pending USCIS application, always consult with an experienced immigration attorney to confirm that the work would not pose any conflicts.
Applying for work inside the United States is a big deal that comes with months’ worth of preparation and a price tag. When considering your options, it is important to weigh all the factors before applying, so that you have the best chance at approval. Your career is important to you, so don’t go it alone. An experienced immigration attorney can help you identify which employment-based application best matches your extraordinary achievements and acclaim, so that you get it right the first time.
May Law Group has a proven track record of successful employment-based immigrant and non-immigrant petitions, and we are ready to help you join our rank of clients now living and working within the United States. Contact us today to receive a complimentary review of your resume or CV and to schedule a free consultation to discuss your options.